Former federal prosecutor: ‘I’d like to prosecute any nun who still wears the head habit’
Senate Judiciary Committee released text messages from former federal prosecutors Joseph Cooney and Molly Gaston. The texts show the pair discussing prosecuting nuns seen in a New York Times photo of a Trump “Stop the Steal” rally. Both prosecutors were dismissed after Trump’s 2024 re‑election and now run a private law firm. Cooney is a congressional candidate in Virginia. The exchange illustrates the politicization of the Justice Department during the Jan. 6 investigations.
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Former federal prosecutors Joseph Cooney and Molly Gaston exchanged text messages on government devices in which they joked about “prosecuting any nun who still wears the head habit” after noticing nuns in a photograph of the Jan. 6 “Stop the Steal” rally. The messages were released by the Senate Judiciary Committee as part of its investigation into the Justice Department’s actions during the Biden administration 1.
The exchange references a New York Times photo showing three women in traditional religious habits standing near the rally stage on the National Mall. The women were not recorded attempting to breach any restricted area or enter the Capitol building 1.
Cooney, a former Public Integrity Section attorney now running for Congress in Virginia, replied “I’m with you” and added the comment about prosecuting nuns. Gaston, who led a special‑counsel Jan. 6 case, responded with “hahaha.” The pair also discussed other topics, such as criticism of priests denying Communion to President Biden and frustrations with video Mass during COVID‑19 1.
Historically, most Catholic sisters and nuns wore habits before the Second Vatican Council, though many communities have since relaxed the practice. The Carmelite Sisters of the Most Sacred Heart of Los Angeles describe the habit as a modest sign of God’s love, while the Dominican Sisters of Mary Immaculate Province view it as a symbol of consecration, poverty, and penance 1.
Senator Chuck Grassley, chair of the Judiciary Committee, called the messages “appalling” and said they demonstrated “total disdain for equal justice” by the Biden Justice Department 1. He highlighted a DOJ report released on April 30 that alleged “anti‑Christian bias” in federal policies on abortion, contraception, and gender 1.
Nearly 1,600 individuals have been prosecuted for offenses linked to the Capitol breach, with President Trump later granting clemency to about 1,500 of them. The nuns photographed at the rally have not been charged 1.
Assess Catholic religious freedom amid politicized justice
Catholic teaching treats religious freedom not as a political preference but as a requirement of human dignity—and therefore as a standard the state must respect even when “justice” becomes a partisan or politicized slogan. At the same time, the Church insists that she must not replace the state in the political battle for a “most just society,” and she warns against turning charity/justice into instruments of ideology.
Catholic doctrine grounds religious freedom in the dignity of the human person, especially the person’s reason and free will and the consequent moral obligation to seek religious truth—an obligation that cannot be fulfilled authentically under coercion. Vatican II teaches that the human person has a right to religious freedom meaning “immunity from coercion on the part of individuals or of social groups and of any human power,” so that no one is forced “to act in a manner contrary to his own beliefs” within due limits.
John Paul II emphasizes that, among fundamental freedoms the Church must defend, religious freedom has a special role because respect for it functions as a touchstone for broader human-rights observance. He also notes a recurring problem: legal or administrative systems can “obscure the right to religious freedom” or impose restrictions that effectively reduce rights “to nothing.”
This matters for politicized justice because the political process often claims to act “for justice” while (sometimes unintentionally, sometimes deliberately) pushing religion out of the public sphere or using state power to regulate belief and worship as if they were ordinary policy disputes. Catholic teaching directly rejects that approach: the civil authority must recognize religion’s freedom and must not presume “to control or restrict religious activity,” because doing so exceeds the limits of civil power.
The Church’s protection of religious freedom is not limited to private belief; it includes personal and communal dimensions. John Paul II’s 1980 message explicitly lists freedoms such as:
At the community level, the Church also insists on the need for specific liberties so that religious communities can live their faith: internal governance and ministers chosen according to their norms, religious training institutions, publication of religious books, and the ability to communicate doctrine and moral teaching—along with the right to carry out educational and charitable activities.
In short: when “justice” becomes politicized, the key question is often whether the state is guaranteeing due process and the common good, or instead replacing religious liberty with ideological conformity. Catholic teaching draws a bright boundary: the state’s mission is temporal common good, while religious activity belongs to an order that transcends it—and therefore needs protection rather than control.
Benedict XVI frames the relationship between faith, reason, justice, and politics in a way that directly addresses politicization. Catholic social teaching, he says, has no intention “of giving the Church power over the State,” nor imposing modes of conduct proper to faith on those who do not share the faith. Its aim is to “purify reason” and contribute toward acknowledging and attaining what is just.
He also states the boundary condition:
“The Church cannot and must not take upon herself the political battle… She cannot and must not replace the State.”
And yet the Church cannot be “on the sidelines” either; she must act through rational argument and spiritual energy that makes justice—“which always demands sacrifice”—able to endure.
A related concern is credibility. Catholic writers reflecting Benedict’s perspective caution that when justice is pursued by aligning the Church too closely with particular partisan programs, the Gospel’s witness can become a “prey of partisan ideology,” undermining the Church’s kerygmatic mission.
So the Church’s approach to politicized justice is neither passive nor partisan:
In politicized settings, one frequent distortion is to treat any legal pressure on Catholic institutions as automatically “persecution,” or to treat every restriction on religion as automatically justified “justice.” Catholic moral reasoning and public responsibility require distinguishing these realities.
A Catholic analysis of current tensions observes that persecution is unjust treatment rooted in animosity toward the Church’s faith and witness, while “just action of the state” against wrongdoing can be motivated by legitimate concern for the innocent. The analysis adds that motives can be “unmixed” or “mixed”: one may have both legitimate indignation and animosity at work.
This distinction is crucial for religious freedom because:
In other words, a Catholic approach to politicized justice asks for both: authentic justice for victims and due process under law, and the preservation of religious freedom as a right rooted in dignity.
Catholic policy statements toward faithful citizenship provide a clear posture: religious liberty should be vigorously promoted because it is rooted in personal dignity and because its basic contours are universal—namely immunity from coercion regarding belief and worship.
They also emphasize that civil law should fully recognize and protect the Church’s and religious institutions’ right “to participate and speak out without government interference, favoritism, or discrimination,” and without being forced to abandon their central moral convictions.
From these teachings, a workable Catholic framework emerges for navigating politicized justice:
Religious freedom includes worship, education, institutions, governance, and public communication of doctrine and moral teaching. If politicized justice reduces religion to a private hobby, that contradicts the Church’s understanding of the right.
Catholic teaching invites political contribution through conscience formation and rational argument—but insists the Church should not replace the state or become a partisan instrument. That prevents the very ideological capture that politicization thrives on.
Amid politicized justice, Catholic religious freedom serves as a stabilizing norm: the state must guarantee immunity from coercion in religious matters, including the communal life needed to practice faith.
At the same time, Catholics must hold together two truths: the Church does not replace the state in political battles, and civil authorities may pursue just legal action—yet the pursuit of justice must not become an instrument for suppressing religion, violating conscience, or forcing ideological conformity.